The Devil is in the Detail

The Devil is in the Detail - resignations with immediate effect - the Employment Appeal Tribunal (EAT) decided in the case of Secretary of State for Justice v Hibbert [2013] UKEAT 0289 that the effective date of termination (EDT) was the same day on which the employee told her employer "I have no alternative to resign". This meant that the employee's claim was out of time. The EAT gave much weight to the fact that Ms Hibbert had been given a 5 day cooling off period and had received legal advice. For employers it is worth noting the exact language used at the time of resignation. Employees should be wary of time limits (3 months minus one day to bring a claim from the EDT) as well as the wording of any resignation notice/verbal notification and whether they resign with or without notice.

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